Chapter III: Recognition and guidance of disabled workers

When the request comes from a beneficiary of the employment obligation who is self-employed, it is submitted using a form, the model for which is set by joint order of the ministers responsible for employment and disabled people. This form, duly completed and signed, must be accompanied by the following documents: 1° Proof of status as a beneficiary of the employment obligation, as listed inarticle L. 5212-13 of the Labour…

The association referred to in article L. 5214-1 determines the annual amount of permanent expenses incurred as a result of the disability referred to in 6° of article R. 5213-42 or 5° of article R. 5213-44, in application of the calculation methods set by joint order of the ministers responsible for employment and disabled persons. Recognition of severe disability is granted as follows: 1° For employees, when the amount determined…

The decision taken by the association referred to in Article L. 5214-1 is substantiated and then notified to the applicant. If the applicant is the employer, it will immediately inform the beneficiary of the employment obligation. This decision takes effect from the date on which the application is submitted. It is granted for a period of three years. If the employment contract or the professional activity of the self-employed person…

For people with a degree of disability or permanent incapacity equal to or greater than 80%, in the case of a first application or a request for review, the decision to recognise the seriousness of the disability may be granted for a period of one year, on presentation of the list of planned adjustments to the workstation and work environment. These adjustments must be made during the year following the…

For employees entitled to job subsidies leaving adapted companies mentioned in article L. 5213-13 of the French Labour Code , and users leaving establishments and services for assistance through work mentioned in article L. 344-2 of the Code de l’Action Sociale et des Familles , recruited by a mainstream workplace other than a sheltered workplace, the first decision to recognise the severity of the disability is taken on presentation of…

Recognition of severe disability may be renewed, on expiry of the decision, on presentation of a new application. If the decision granting recognition of the severity of the disability, which has expired, was made under the conditions set out in article R. 5213-42 or article R. 5213-44, and if the request for renewal does not include a request for review under article R. 5213-48 and if the disabled person is…

When a decision to recognise the seriousness of the disability is in progress and the beneficiary of the employment obligation changes position within the company or self-employed activity, or when his disability or work environment changes, the employer or the self-employed beneficiary submits a request for review under the conditions set out in articles R. 5213-42 or R. 5213-44.

A joint order by the ministers responsible for employment and disabled persons sets the amount of employment aid, as well as an increased amount. This increased amount is applicable when the annual amount of permanent expenses incurred as a result of the disability is greater than or equal to 50% of the product resulting from the calculation determined in application of paragraphs 3 or 4 of article R. 5213-45.

Employment aid is calculated in proportion to the time worked in relation to the collective working time applicable in the establishment, or, for beneficiaries of the employment obligation who are not employees, in relation to the legal working time.

Within one month of the date of notification of the decision, the employer subject to the employment obligation may opt for the modulation of the annual contribution provided for in article L. 5212-9. If the employer fails to notify its option for modulation within this one-month period, it is deemed to have opted for payment of the employment aid for the entire duration of the decision. If, for the duration…